BHERU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE only contention raised before us by the learned counsel for the appellant is that even accepting the material on record, the accused could not have been convicted u/s 302 I. P. C. but he could have been held guilty only u/s. 304 Part-I I. P. C. He does not contest the fact that it was the accused who had given blows with a pair of scissors on the person of the decee-sed Dalchand. However, his contention is that in the Mannar and in the circumstances in which those blows were inflicted by the accused, the accused could not be imputed the intention of causing the death of Dalchand or causing such injuries to Dalchand as were sufficient in the ordinary course of nature to cause death.

(2.) THE finding of the learned Sessions Judge in para no. 23 of his judgment dated 5. 10. 83 is that the deceased Dalchand happened to pass in front of the shop of the accused Bheru Lal, while Bheru Lal was giving hair dressing to one Jagdish, the accused abruptly left hair dressing and gave blows with the scissors on the person of Dalchand. He has, however, added that the blows were given on the vital part of the body, namely, part of the neck and chest. He was also of the opinion that the incident did not take place at the shop of Dalchand but had taken place a little away from the shop of Jagdish and after receiving the injuries, the deceased Dalchand went towards the shop of Jagdish and fell down near it. As already stated above, it is not in dispute that this incident had taken place on 7. 2. 82 at about mid-day and the report about this incident had been lodged by one Ramesh Kumar PW 1 at police station Bhadesar at about 4. 30 p. m.

(3.) SINCE the accused had given repeated blows with the pair of scissors on the person of the deceased and injury no. 1 had divided all the muscles subcutaneous tissue and blood vessels leading to excessive bleeding, the accused can only be attributed the intention of causing such injury as was likely to cause death and, therefore, the case must fall under Part I of s. 304 I. P. C.